The applicant teacher was provided a flat by her school, which it in had leased from the Yugoslavian Army. That lease expired in 1990. She remained, paying rent to the school. Ultimately the Croatian State, which had assumed ownership of Yugoslavian Army property, obtained an order of possession from the Municipal Court. The basis was that the lease had expired so the applicant had no lawful entitlement to occupy the flat. She had no other place to stay.
Held: The local Court had considered only that the applicant’s occupation had no legal basis, and did not consider the proportionality of the steps taken. The Convention required that the interference with an applicant’s right and respect for her home be not only based on the law but also be proportionate, under Article 8(2), to the legitimate aim pursued, regard being had to the particular circumstances of the case. The court reiterated paragraph 50 of McCann. The applicant had not been given adequate procedural safeguards and there was a violation of Article 8. The alleged violation of Article 6 was manifestly ill founded.
Judges:
Christos Rozakis, P
Citations:
28261/06, [2009] ECHR 80, (2011) 52 EHRR 39
Links:
Statutes:
European Convention on Human Rights 8(2)
Jurisdiction:
Human Rights
Citing:
Cited – McCann v The United Kingdom ECHR 13-May-2008
The applicant and his wife were secure joint tenants of a house of a local authority under section 82. Their marriage broke down, and the applicant’s wife moved out of the house with the two children of the marriage. She returned after obtaining a . .
Cited by:
Cited – Coombes, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another Admn 8-Mar-2010
The landlord council brought proceedings for possession. The tenant (C) had remained in possession after his mother’s death, but enjoyed no second statutory succession. He had lived there since 1954 when he was six. C sought a declaration of . .
Cited – Manchester City Council v Pinnock SC 3-Nov-2010
The tenant had been secure but had his tenancy had been reduced to an insecure demoted tenancy after he was accused of anti-social behaviour. He had not himself been accused of any misbehaviour, but it was said that he should have controlled his . .
Cited – London Borough of Hounslow v Powell, Leeds City Council v Hall etc SC 23-Feb-2011
In each case the tenant occupied the property as his home, but was not a secure tenant of the local authority. The Court was asked whether, in granting a possession order in such a case, the court was obliged to consider the proportionality of the . .
Cited – Manchester City Council v Pinnock SC 9-Feb-2011
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . .
Cited – Sims v Dacorum Borough Council CA 24-Jan-2013
Husband and wife had been joint tenants of the council. On the breakdown of the marriage, W gave notice to quit. H defended the council’s possession action, saying that it was an infringement of his human rights for him to lose his tenancy and home. . .
Cited – McDonald v McDonald and Others SC 15-Jun-2016
Her parents had bought a house and granted tenancies to their adult daughter (the appellant), who suffered a personality disorder. They became unable to repay the mortgage. Receivers were appointed but the appellant fell into arrears with the rent. . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Housing
Updated: 22 July 2022; Ref: scu.280304
